File 951/1912 Pt 1 'Bahrein Order in Council' [‎183r] (376/424)

exercisable by the Secretary of State, or, with his previous or subsequent assent, by
the Governor-General of India in Council.
Notwithstanding:, in any case triable by a Subordinate Magistrate under
Chapters XVI to XXIII inclusive of the Indian Penal Code, if both the complainant
and defendant are Mahommedans and are acquiescent in such procedure, the Political
A^ent may order the case to he tried by a Kazi, a representative from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent.
attending *to record briefly the proceedings. In such suits the judgment passed by]
the Kazi cannot he. carried into effect until it is ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , and 1
the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. is empowered to revise the finding and sentence as if the Kazi-
were a Subordinate Magistrate, or to return the case for re-trial to the same or
another Kazi. The sentence of the Kazi, when ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall
for all purposes be regarded as if it were the decision of the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. in the
District Court. . . . . ^ ,
(2.) Any jurisdiction exercisable by the Chief Court m criminal matters under
this Order may be exercised by the Judge of that Court either within the limits of this
Order or elsewhere. . „
15. In cases in which the Code of Criminal Procedure requires the sentence or a
Court of Session to be confirmed by the High Court, the sentence shall be referred
for confirmation to the Governor-General of India in Council instead of to the Chief
Court ♦
16. Where a person subject to this Order is accused of the commission of an
offence the cognizance whereof appertains to the Court, and it is expedient that the
offence be inquired of, tried, determined, and punished in a British possession the
accused may (under the Foreign Jurisdiction Act, 1890, section 6 ) be sent for trial to
The Chief Court may, where it appears so expedient, by warrant under the hand
and seal of the Political Besident, cause the accused to be sent for trial to Bombay
aCC °The S warrant shall be sufficient authority to any person to whom it is directed to
receive and detain the person therein named, and to carry him to and deliver him up
at Bombav according to the warrant. , . . . . T ,
Where any person is to he so sent to Bombay, the Court before which he is charged
shall take the preliminary examination, and shall bind over such of the proper
witnesses as are British subjects in their own recognizances to appear and give
evidence^ The Political Besident may by General Order prescribe the manner in
which, and 'the places at which, sentences of imprisonment are to he carried into
execution within the limits of the Older.
(9 \ The Court mav in any case by warrant sealed with its seal, cause an
nffpriw eonvicted and sentenced to imprisonment before the Court to be removed to,
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him 'considers it expedient that the sentence should he carried into effect elsewhere
him, considers I j . Order, and the offender is accordingly sent for
Wislnimntta jlce ont^ the limits of this Order, the place shall be either
P, • Prpsidencv of Bombay, or a place m some otbei part ot 11
Maiesty’s dominions, the Government whereof consents that offenders may be sent
?hXer under th s Article, or a place in which by Treaty, grant, usage, sufferance or
thithei undei , Miiestv has iurisdiction, provided that if a person is not a
British^nhtert lirshall o^iy be sent under this iftiele to a p.ace in His Majesty’s
dominions. ^ ^ of murdel . or culpable homicide, if either the, death or the
■ • al act which wdiolly or partly caused the death happened in Bahrein, a
Court actit under this Order "shall have the like jurisdiction over any person
fo whom thfs Order applies who is charged either as a principal offender or as an
i a such criminal act and the death had happenel m Bahrein,
ahettm as If both such cn committed on the high seas or within the
, , J wi^iction bv anv person who at the time of committing such offence was
Admn-altyjurisd t ly y i . . ^ sub ^ ect on board a foreign ship to winch
he dTd not belong, the Court shall, subject to the provisions of this Order, have
c